La société d’avocats Damy
La Société d'avocats Damy à Nice assure une prestation de haut niveau, de la consultation d’un avocat à la représentation en justice. Les avocats du cabinet sont compétents en droit des affaires, des sociétés, droit immobilier, droit bancaire, droit social, droit des victimes et cas de dommages corporels. Membre de l’Association des avocats praticiens en droit social, Maître Grégory Damy dispose de certificats de spécialisation.
Reality TV: Alexia Laroche-Joubert wins appeal against Endemol; lepoint.fr, Sep 12, 2012
On 12 September, the Paris Court of Appeal overturned the conviction of his company, ALJ, for parasitism and unfair competition against Endemol, his former employer.
It thus escapes a heavy fine of EUR 1 million. It will be recalled that this dispute arose following the broadcast of the reality show "Dilemme" on W9. Endemol, which believed that this concept was a copy-paste of "Secret Story" or "Loft Story" under parasitism, announced its decision to appeal in cassation. On appeal, the judges therefore dismiss the arguments made by the commercial court.
According to them,"the mere fact of copying the performance of others is in no way at fault if it concerns elements common to an entire profession or a whole sector of activity and for which there is no justification of intellectual property rights".
Alexia Laroche-Joubert was, for many years, one of the linchpins of reality TV within Endemol. For the Court of Appeal, its expertise is unique to it. Also, in the name of freedom of trade, she had the right to found her own company and to pursue an activity that was concurrent with that of her former employer. He added that "former employees are free to use the know-how, experience and knowledge acquired by them within their former company in their new functions as soon as they do not misuse trade secrets".
Continuing its reasoning, the Parisian court held that the production of reality TV programs such as "Secret Story" or "Loft Story" does not require any particular trade secret that would be the exclusive property of Endemol.
Competition law, Nice, lawyer DAMY